At first glance, yes; but e.g., Ultimate Pool does account for these situations, pretty simple: touching only 'counts' if it's an "on" ball.
In 10 ball:
If the cue ball is frozen to the lowest numbered object ball on the table, the player is deemed to have made 'initial contact' in order to fulfil the requirements of a 'legal shot'.
So if frozen to a non-lowest ball it's deemed "no contact".
And for 8 ball, touching is contact only for balls in your group (or the 8, if you're on it):
(4) If the cue ball is touching an 'on' ball, the player is deemed to have
made ‘initial contact’ in order to fulfil the requirements of a ‘legal shot’.